parkwood1cb

Motion for summary judgement by Midland funding in Indiana

Recommended Posts

Help please......I just received a motion for Summary Judgement from Midland funding LLC.  I answered the original complaint 2 months ago and now recieved this Motion for Summary Judgement yesterday.  There is a trial date set for May 15, 2014 and it states I have 30 days to respond.  I need help with my response..  

Any help would be greatly appreciated!! I want to fight and win!

Share this post


Link to post
Share on other sites

You file an opposition to their motion based on the response to the summons and the facts being in dispute.  If you don't oppose the motion it likely will be granted.  Do not panic the file these ALL the time because they hope you will not know what to do or will ignore it and they can get a fast track judgment.  As long as you respond the court should deny their motion.

Share this post


Link to post
Share on other sites

Is there Discovery in Indiana?  That is the next phase after the answer.  Just because you file a motion to oppose does NOT mean the judge will deny it.  can you upload the MSJ so we can see what they are stating?? 

Share this post


Link to post
Share on other sites

They also included a Transaction History that looks like a computer print out, not a statement from the OC.  The Assignment of Accounts says the Jefferson Capitol Systems is the seller and Midland Funding is the buyer.  The OC is Urban Trust Bank(Salute Visa Gold)  So there is no transaction showing that Jefferson Capitol Systems purchased from Urban Trust Bank.

Share this post


Link to post
Share on other sites

Ok Court, Next time you upload stuff , make a copy for you and then take a black sharpie and erase all the personal info and lawyer info and case info.

So I will give you some places to go for help on the Motion to oppose summary judgment. You may want to delete that post and then repost with info redacted(blacked out)  It's up to you but I would!!

Share this post


Link to post
Share on other sites

Sorry it took so long. Had to go to Indiana Rules of Civil Procedure. Trying to see if there is a time frame before trial to file MSJ.  In Az it is 90 days before trial.  Looks like IN has no time frame that I could find.

 

Here is some case law I found:

Summary judgment should not be entered where genuine material facts conflict or where conflicting inferences arise from undisputed facts.

Kreighbaum v. First Nat'l Bank & Trust 776 N.E.2d 415, 419 (Ind Ct App 2002)

 

The threshold burden is on the movant to demonstrate the abscence of a genuine issue of material fact. This burden is not satified where facts presented as undisputed can support different inferences. American Mgmt  V. MIF Realty, L.P. 666 N.E.2d 424,428,430-31(Ind. Ct App.1996).

Trial court should carefully scrutinize to ensure a party is not improperly prevented from having its day in court.  Owens Corning Fiberglass Corp V. Cobb,754 N.E.2d 905,908 (Ind.2001)

 

Hopefully others from Indiana will chime in ( I grew up in Valpo).  You will write your reply to their SJ in the same format they did. Did you list their affiant in your disclosure?? 

Also you might want to file a sworn affadavit with your MOSJ.  It stinks the atty file this so close to trial. Instead of concentrating on that you need to deal with this. 

 

Also after you file it , they have 10 dys to respond, and you 5 to respond to their response.  So they might try to file a continuance to give the judge time to rule.

Share this post


Link to post
Share on other sites

Thank you! I'm not sure what you mean by did I list their affiant in disclosure, I have only answered to the original complaint.  90 days passed then I received the MSJ.  I only denied all their claims.

The Affidavit of Debt is a form like all the others I've seen posted on this board, the bill of sale is not from Urban Trust, and the statement they sent of charges is a print out and not from Urban Trust Bank.  Does that help?

Share this post


Link to post
Share on other sites

Midland court of appeals.pdf

 

This appeals case is in the same county I am in and it describes exactly the types of documents that were sent to me by the Attorney for Midland.  Can I use this case as case law in my answer?  If so, what is the best way to go about that?

 

Again, thanks everyone for your help...I am soooo stressed I am going to answer this MSJ wrong!

Share this post


Link to post
Share on other sites

There is some good info how to prepare you response to Plaintiff's MSJ.  The appeal info is great.  But you pick and choose for your MSJ.

 

My advise is just get it started.  Lay it out and follow paragraph by paragraph what they are claiming and what you are denying .

 

Once you get it going then post what you have and we'll look it over.  You'll be fine. Just remember the MOSJ is what you WOULD present if you were going to have to appeal, So it is very important that  their MSJ gets denied. Also not to put more on your plate, but I would check how long before trial you have to file a motion in limine.

 

This way you can hopefully get their affadavit and statements stricken before trial. I'll post mine tommorrow for you.

 

It's alot of work but usually the game is won or lost before trial (in my opinion)

Share this post


Link to post
Share on other sites

Also for all intensive purposes this IS going to be the trial if you do not make triable issues. So best foot forward, make your arguments and make it known that out of state witnesses have to come and testify no telephonic witness.

Share this post


Link to post
Share on other sites
 

This is a very generalized sj motion so you have to attack these issues:

 

1. That discovery is ongoing and plaintiff has not complied with discovery

2. That they did not disclose any witness in their initial disclosures

3. That you have deemed admissions against them

4. That the affidavit is not in accordance with the law

5. That the evidence must be excluded(use arguments from motions in limine)redacted motion in limine tigger.zip,redacted Notice of motion in limine.zip, a good motion in limine.pdf

6. That there are several issues that require trial such as the issue of authorized activity, records keeping, records security, witness intimidation, etc

 

lets get ahead of the game they are trying for paper trial.

Share this post


Link to post
Share on other sites

Thanks, I am putting it together now.  I have one question though: in the MSJ they say plaintiff designates the following on which it relies for opurpose of this motion:

They list as #3 Affidavit in support of MSJ.  What is that?  I don't see that in anything they sent to me....

Share this post


Link to post
Share on other sites

Thanks, I am putting it together now.  I have one question though: in the MSJ they say plaintiff designates the following on which it relies for opurpose of this motion:

They list as #3 Affidavit in support of MSJ.  What is that?  I don't see that in anything they sent to me....

You will have to go to the court and get a copy, and if the court doesn't have a copy, call the attorney and tell him you will move for sanctions due to not giving a complete copy of the motion.

Also bring it up in your opposition.

  • Like 1

Share this post


Link to post
Share on other sites



I did some preliminary stuff. You need to find Indiana equivalents for other state caselaw. Also the structure of headings need a lot of work but it is a start. Use the other posted stuff as a guide and make the highlighted changes.

Share this post


Link to post
Share on other sites

Did they send you a notarized affidavit from the JDB or OC??/   It's hard to help because we have not seen the origianl complaint(summons)

 

You already answered and 90 days nothing has happened until the MSJ.  Could you upload the complaint ?? Did they send you a CC agreement. There is alot missing for us to help.

Share this post


Link to post
Share on other sites

@ Az Piano Lady, I will up load the complaint now.  They did not send a CC agreement. The only affidavit I received was an affidavit of debt.   I will upload everything they sent to me so far.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.